Chanda Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3672 of 2018 ====================================================== Chanda Kumari, Wife of Lalan Singh, Resident of Village- Bhajauna Mahuai, P.O. Bighan, Police Station- Manjhi, District- Saran(Chapra). ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise, Govt. of Bihar, Patna.
2. The District Magistrate, Siwan.
3. The Superintendent of Police, Siwan.
4. The Officer in Charge, Mairwa, Police Station, District- Siwan. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh For the Respondent/s :
Mr. Kumar Manish- SC5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-02-2018 This writ petition has been filed for release of a vehicle (Honda Shine Motor Cycle) bearing Registration No. BR-04Q2900 which has been seized due to violation of the provisions of the Bihar Prohibition and Excise Act, 2016 in connection with Mairwa P.S. Case No. 133 of 2016.
It is common ground that in various cases, similar petitions have been allowed and pending finalization of the confiscation proceedings, seized vehicle has been directed to be released. Keeping in view the aforesaid, pending finalization of the confiscation and criminal proceedings, the vehicle in question, shall be released to the petitioner on his furnishing adequate
Patna High Court CWJC No.3672 of 2018(2) dt.26-02-2018 2/2 bank guarantee to the satisfaction of the District Magistrate, Siwan within one week from the date of furnishing the bank guarantee, subject to the condition that the petitioner shall make available the vehicle in question before the authority concerned as and when directed and further that he shall undertake not to alienate the vehicle or deal with it in any manner whatsoever during the pendency of the confiscation proceedings so as to cause adverse effect or prejudice to the State Government. With the aforesaid, the petition stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U